Chapter 158: Land Disturbance and Slope Protection Ordinance

Sec 158.01 Purpose

It is the purpose of this Ordinance to protect, maintain and enhance the environment of the Town of Black
Mountain and the health, safety and public welfare of its citizens by establishing minimum requirements
concerning land disturbance and to control the potential adverse effects of increased erosion and
sedimentation.

Sec 158.02 Applicability

A. Beginning with and subsequent to its effective date, this Ordinance shall be applicable to all
development and redevelopment, including, but not limited to, site plan applications, subdivision
applications, and grading projects within the Town of Black Mountains jurisdiction.

B. Grading permits shall be required whenever 5,000 square feet or more of land is disturbed. The
addition of impervious surface of 5,000 square feet or more or of a cumulative land disturbance of
land of 12,000 square feet or more shall also require a Town Stormwater Permit.

C. Grading shall mean any manipulation of the ground forms including, but not limited to cutting of
trees with excavation of stumps or any other earth-disturbing activities; provided, (a) that installation
of utilities in an area with a topographical change of not more than five percent where the area
disturbed is not wider than18 inches (including ditch and spill areas); and (b) that creation of storm-
water drainage and erosion control ditches except when the ditch is located in an existing natural
drainage channel and the only improvement is the lining of the channel with rock, shall not be
considered grading.

D. Any grading or other land disturbing activity within the floodplain shall be reviewed by the floodplain
administrator to determine applicability of floodplain regulations and associated permits.

Sec 158.03 Cut and Fill Slopes

A. Property being developed within the Town of Black Mountain shall not exceed the following
specifications for cut and fill:
1. Cut slopes shall not exceed a ratio of greater than 1:1 (horizontal distance to vertical distance,
or a 45 degree slope angle, or 100% grade); and
2. Fill slopes shall not exceed a ratio of greater than 1.5:1 (horizontal distance to vertical
distance, or a 33 degree slope angle, or 66% grade).

B. Roads exceeding 15% grade and proposed for dedication to the Town as public streets shall include
roadway design and engineering with benching or other stabilization techniques as part of the site
plan and shall include a Town maintenance easement to the toe of the slope.

C. All cut and fill slopes shall be hydro-seeded or landscaped within 14 days of achievement of final
grade and all temporary roads and slopes shall not be left exposed for more than a 45 day period.

D. Retaining Walls greater than five (5) feet in height must be designed and sealed by an engineer and
approved by the Towns Building Inspector.

Town of Black Mountain Land Use Code: Draft for BOA Consideration, March, 2008
Sec 158.04 Sedimentation and Erosion Control

A. Any land disturbance permitted under Buncombe Countys Soil Erosion and Sedimentation Control
Office must be documented before any grading activity may take place. Buncombe County enforces
the State Sedimentation Pollution Control Act of 1973 for the Town of Black Mountain and
regulates certain land disturbing activities for the purpose of controlling accelerated erosion and
sedimentation in order to prevent the pollution of water and other damage to lakes, water courses and
other public and private property by sedimentation.

B. Land disturbing activity or grading in connection with development or redevelopment on a site that
requires a building permit, and that does not fall under the Sedimentation and Pollution Control Act
of 1973, such as that under one acre of land, shall comply with the following requirements:
1. A written or graphic concept plan of the proposed soil and sedimentation controls during
construction shall be submitted with the grading permit. Concept plan shall include
identification of areas of land disturbance within the site and the location of proposed
temporary and permanent soil erosion and sedimentation control measures designed to retain
sediment on-site.
2. Land disturbing activity shall not take place within twenty-five feet of a stream or otherwise
result in a violation of rules adopted by the State Environmental Management Commission to
protect riparian buffers along State surface waters. In accordance with State and local
stormwater management regulations, no built-upon area shall be within 30 of a stream.
3. Land disturbing activity shall not result in a violation of any local ordinance including but not
limited to zoning district requirements and floodplain regulations.
4. Erosion control measures in compliance with the approved plan and building permit shall be
in place before construction may begin. Failure to comply will result in a stop work order.
5. Permanent erosion control measures or landscaping shall be in place before final certificate of
occupancy is issued or shall be bonded at 125% of the estimated cost for implementation of
the landscaping plan.

Sec 158.05 Designation of Steep Slopes and Hillside Requirements

A. Steep slope and hillside regulations apply to any subdivision or development that meets the following
criteria:
1. A development or redevelopment project or subdivision located on a parcel greater than one (1)
acre and in which the average of the natural slope for the entire parcel is 16% or greater, or
2. A development or redevelopment project or subdivision of a parcel less than one (1) acre in
which the average natural slope of 25% or greater, or
3. A development or redevelopment project or subdivision, where 50% or more of the subdivision
lies at or above elevations of 2,600 feet above mean sea level or greater.

B. Any portion of the lot, parcel, or tract of land which has been approved by the planning department or
planning board as a minor or major subdivision or Special Use Permit prior to the adoption of this
section, or developed prior to the adoption of this section, shall not be included within the definition
of a hillside area if no further development is proposed within that portion of the lot, parcel, or tract of
land. Subsequent phases of, or additions to, a minor or major subdivision or Special Use Permit, as

Town of Black Mountain Land Use Code: Draft for BOA Consideration, March, 2008
 well as approved subdivision projects where the site plan has been changed, or approved subdivisions
where the lot design has changed, shall indicate the proposed contours, limit and area of grading, and
percentage of the site to be graded and shall comply with the requirements of these regulations.

C. Slope calculations shall use the smallest contour interval for which maps are available or at a
minimum of 5 intervals, and shall be determined based on the tract to be subdivided, irrespective of
proposed subdivision boundaries if part of a minor or major subdivision. The average slope is
calculated using the following formula:

S% =0.0023xIxL
A
Where:
S = Average natural slope of parcel in percent
I = Contour interval of map in feet, with contour intervals to be five feet or less
L = Total length of the contour lines within the parcel in feet
A = Area of the parcel in acres
0.0023 = Constant which converts square feet into acres

Property owners may submit an alternate method of slope calculation for consideration
based on the peculiarities of the site and prepared by a member of the American Society
of Landscape Architects (ASLA), Professional Engineer (P.E.), or be a qualified
environmental scientist. These methods may include, but are not limited to, weighted
average, slope mapping, or other field-based techniques, etc.

D. In addition to the application requirements submitted for review, proposed projects which meet the
standards of the hillside area definition must include the following information:

1. Average natural slope calculations which include the average natural slope in percent, contour
intervals of five feet or less, individual and total length of contour lines in feet and area of the
parcel in acres;

2. Areas exceeding 16% slope shall be indicated on all site plans, development plans, preliminary
plats, and special use permit plan applications.

3. Soils maps shall be submitted if available from the natural resource conservation service
(NRCS) and deposits of known colluvial soils shall be located on the site plan.

4. Consultation with a geotechnical engineer shall be required for road, driveway, or home
construction in areas of a tract in excess of 40% natural slope and an investigation for colluvial
deposits shall be made. Recommendations of the geotechnical engineer shall be submitted
with the application for review by staff or by the Planning Board if part of a major subdivision
or Special Use Permit application.

5. Homesites on a 40 percent or greater slope shall include a Global stability analysis with the
Building Permit.

Town of Black Mountain Land Use Code: Draft for BOA Consideration, March, 2008
 6. Homesites on a 25% or greater slope must conform to the following density table in addition to
the minimum zoning requirements. Wherever the minimum lot size for the district and the
Density Table are in conflict, the regulation of the greatest lot size shall apply:

DENSITY TABLE FOR STEEP SLOPES

SLOPE % UNITS PER ACRE MINIMUM LOT IN ACRES
25 1.250 0.80
26 1.064 0.94
27 0.926 1.08
28 0.820 1.22
29 0.735 1.36
30 0.667 1.5
31 0.625 1.6
32 0.588 l.7
33 0.556 1.8
34 0.526 1.9
35 0.500 2.0
36 0.476 2.1
37 0.455 2.2
38 0.435 2.3
39 0.417 2.4
40 0.400 2.5
41 0.385 2.6
42 0.370 2.7
43 0.357 2.8
44 0.345 2.9
45 0.333 3.0
46 0.323 3.1
47 0.313 3.2
48 0.303. 3.3
49 0.294 3.4
50 0.286 3.5
51 0.278 3.6
52 0.270 3.7
53 0.263 3.8

Town of Black Mountain Land Use Code: Draft for BOA Consideration, March, 2008
54 0.256 3.9
55 0.250 4.0
56 0.217 4.6
57 0.192 5.2
58 0.172 5.8
59 0.156 6.4
60 0.143 7.0
61 0.132 7.6
62 0.122 8.2
63 0.114 8.8
64 0.106 9.4
65 0.100 10

7. Development and subdivision plans shall be designed to minimize disturbance to the natural
landform and demonstrate terrain-adaptive design and construction techniques. Extensive
grading shall be avoided and Low Impact Development (LID) techniques which meet the
Towns Stormwater requirements are required.

8. On any tract greater than one (1) acre proposed for subdivision or construction, no more than
50% of the tract shall be graded or disturbed.

9. Streets, right-of-ways, pedestrian facilities and setbacks shall be designed to minimize impact
on steep slope areas of the particular site without compromising the Towns ability to provide
connectivity, street maintenance, waste management, or fire protection, and must be designed
to the approval of the Towns Fire Marshall and Public Works Director. Street standards may
be allowed a staff variance of up to 20% (up to 8 feet variation on right-of-way requirements,
and up to 4.8 feet variation on total travel surface requirements), based on topography, traffic
and public safety needs. Subdivisions complying with the Conservation Subdivision Plan
requirements (Chapter 13) do not have to meet the setback requirements for the Zoning
District. However, the location and lay out of streets, lots buildings, and pedestrian facilities
should minimize environmental impact

10. All major subdivisions meeting steep slope and hillside criteria and of 10 acres or more must
adhere to the Conservation Subdivision Plan guidelines in Chapter 13.

11. All structures built above 2,600 feet in elevation shall be constructed so as to minimize the
structures visual impact from the valley with the application of muted colors or the use of
natural materials that do not stand out in a wooded setting (such as wood, clabbered or stone
siding)

12. Issuance of land disturbing permit. No land disturbing permit shall be issued for a site plan
review or a subdivision review which meets the standards set forth in the definition of hillside
area until the site plan review and subdivision plat review have been completed.

Town of Black Mountain Land Use Code: Draft for BOA Consideration, March, 2008
Revision Notes: This Chapter has been added since the first draft in order to address local concerns for
sedimentation from sites not regulated by Buncombe County and includes the cut and fill provisions
discussed by the Town Planning Board and the Stormwater Work Group. Paragraph C under
sedimentation and erosion control is taken from Buncombe Countys hillside ordinance.

Notes on Slope:

Slope is the measurement of rise in vertical distance in relation to horizontal distance.

Slope ratio is expressed as horizontal distance (to): vertical distance

% slope is calculated as: Vertical Distance X 100

Horizontal Distance

1:1 slope (or 45 degree slope angle) = 100%

1.5:1 slope (or 33 degree slope angle) = 66% slope*

2:1 slope (or 26.6 degree slope angle) = 50% slope

3:1 slope (or 18 degree slope angle) = 33.5% slope

4:1 slope (or 14 degree slope angle) = 25%

6.5:1 slope (or 8.7 degree slope angle) = 15% slope

Without using more advanced stabilization techniques, the maximum slope to be considered for
vegetative stabilization is 1.5 horizontal to 1 vertical (1.5H:1V).
(http://www.ecy.wa.gov/programs/sea/pubs/93-30/intro.html)

Sec 15.12.05 moved from Subdivision Chapter. Paragraphs B and C were adapted from Buncombe
Countys Ordinance. Requirement for an ASLA or PE or qualified scientist to provide an alternative
slope calculation was added by Town staff.

Paragraph D updated from draft one with new Buncombe County regulations.

Disturbance limit originally proposed as 30% disturbance limit. This was increased in this draft as a
result of comments at planning Board Meeting.

Paragraph D10 could be moved to general requirements.

Density Table added with update to County regulations.

Town of Black Mountain Land Use Code: Draft for BOA Consideration, March, 2008